Female Genital Mutilation (Protection and Guidance) (Scotland) Bill
Author: Nicki Georghiou and Sarah Harvie-Clark
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Executive Summary

  • The aim of the Female Genital Mutilation (Protection and Guidance) (Scotland) Bill is to strengthen the legal protection for women and girls at risk of female genital mutilation (FGM). It will do this in two ways:

    • Makes provision for FGM Protection Orders, a form of civil order that can impose conditions or requirements on a person, with the aim or protecting a person from FGM, safeguarding them from harm if FGM has already happened, or reducing the likelihood that FGM offences will happen. It will be a criminal offence to breach an FGM Protection Order.

    • Makes provision for statutory guidance on matters relating to FGM, as well as statutory guidance on FGM Protection Orders.

  • FGM describes all procedures involving partial or total removal of the external female genitalia, or other injury to the female genital organs, for non-medical reasons.

  • There are no health benefits. The procedure is likely to cause both short term and long term physical and psychological harm.

  • The practice of FGM violates a number of rights and freedoms protected under international law.

  • Female Genital Mutilation (FGM) has been a criminal offence in the UK since the Prohibition of Female Circumcision Act 1985.

  • The Prohibition of Female Genital Mutilation (Scotland) Act 2005 repealed and re-enacted the existing offences in the 1985 Act. It also made it an offence to have FGM carried out abroad, and increased the maximum penalty from five to 14 years imprisonment. The aim was to ensure equal legal protection in Scotland as with the rest of the UK which had made similar changes under the Female Genital Mutilation Act 2003.

  • Scotland already has Multi-Agency Guidance on FGM, although it is advisory and not statutory. It provides specific guidance on dealing with cases of FGM for the NHS, Police Scotland, education and social work services.

  • The Multi-Agency Guidance on FGM reinforces Scotland's child protection guidance.

  • Under the child protection system in Scotland there are emergency powers that can be used in relation to FGM:

    • The child protection order, where a child could be moved to keep them safe from significant harm.

    • The compulsory supervision order, where a child becomes looked after and responsibility for their care, protection and control is assumed by the local authority.

  • The Bill's provisions follow similar provisions in the Serious Crime Act 2015 regarding FGM which apply to England, Wales and Northern Ireland.

  • The Scottish Government has not proposed to introduce some of the FGM provisions in the Serious Crime Act 2015, namely:

    • anonymity for victims of FGM

    • offence of failure to protect from FGM, by a person with parental responsibility

    • duty on regulated professionals to notify police of FGM.

  • The Scottish Government's consultation on strengthening protection for FGM set out its position to introduce FGM Protection Orders and statutory guidance, but also sought views on the additional provisions contained in the Serious Crime Act 2015.

  • Based on the 71 responses to the consultation, there was strong support for FGM Protection Orders and statutory guidance. There was also strong support for the introduction of anonymity for victims of FGM, and mixed views for the introduction of a failure to protect from FGM and a duty to notify the police.

  • Estimating the costs of the Bill's provision is difficult because there is no accurate data on the prevalence of FGM in Scotland. The Scottish Government has estimated that there could be between 4 and 9 applications for an FGM Protection Order each year, resulting in costs between:

    • a range of £72,000 and £300,000 a year for up to 9 FGM Protection Orders, including two breaches and cases brought to trial

    • a range of £220,000 and £270,000 for implementation costs, including training costs and the development of statutory guidance.

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Last Updated: 3/1 8:06am